Yougarla v Western Australia [2001] HCA 47

Yougarla v Western Australia [2001] HCA 47

The requirement to table bills amending s 70 of the Constitution Act 1889 (WA) before the UK Parliament was not preserved or applicable by reason of s 2 of the Western Australia Constitution Act 1890 (Imp). The only operative manner and form requirement was reservation for Royal Assent, which was complied with for the Aborigines Act 1905 (WA). Accordingly, s 70 was validly repealed, and the appeal fails.

Parties
Appellants: Crow Yougarla & Ors; Respondents: The State of Western Australia & Anor; Intervener: Attorney-General of the Commonwealth
Jurisdiction
Australia
Judgment Date
09 August 2001
Procedural Posture
Appeal / High Court Determination of Appeal From Supreme Court of Western Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Imperial Manner and Form Requirements, State Legislative Powers, Repeal of Entrenched Constitutional Provisions, Validity of State Constitutional Amendments, Protection of Aboriginal Welfare, Role of Imperial Legislation After Federation
Constitutional Law Aboriginal Law Imperial Manner and Form Requirements State Legislative Powers Repeal of Entrenched Constitutional Provisions Validity of State Constitutional Amendments Protection of Aboriginal Welfare Role of Imperial Legislation After Federation

Case Brief

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Parties

Crow Yougarla & Ors

Appellants

The State of Western Australia & Anor

Respondents

Attorney-General of the Commonwealth

Intervener

Procedural Posture

Appeal / High Court Determination of Appeal From Supreme Court of Western Australia

Legal Issues

  1. 1 Whether s 70 of the Constitution Act 1889 (WA) remained in force after purported repeal by the Aborigines Act 1905 (WA)
  2. 2 Whether Imperial manner and form requirements applied to the repeal and, if so, were complied with
  3. 3 Whether the requirement to table Bills before the UK Parliament continued to apply to such amendments after federation under s 106 of the Constitution

Ratio Decidendi

The requirement to table bills amending s 70 of the Constitution Act 1889 (WA) before the UK Parliament was not preserved or applicable by reason of s 2 of the Western Australia Constitution Act 1890 (Imp). The only operative manner and form requirement was reservation for Royal Assent, which was complied with for the Aborigines Act 1905 (WA). Accordingly, s 70 was validly repealed, and the appeal fails.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.